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(영문) 의정부지방법원고양지원 2016.02.18 2015가단14566
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet, and KRW 3,250,000 and May 1, 2015.

Reasons

1. The Plaintiff’s determination on the cause of the principal claim on March 12, 2010 leased real estate listed in the separate sheet to the Defendant on March 12, 2010, KRW 5,000, KRW 250,000 per month, and KRW 250,00 per month, and the lease term of two years. The Defendant did not pay rent after July 4, 2012; the Defendant’s delivery of the copy of the instant complaint to the Defendant on July 3, 2015, including the Plaintiff’s declaration of intent to terminate the said lease on the grounds of the Defendant’s payment of rent, does not conflict between the parties; or may be recognized by taking into account the entire purport of the pleadings as a whole.

Therefore, the above lease contract was lawfully terminated due to the Plaintiff’s declaration of intention to terminate the contract, and KRW 5,000,000,000, the above lease deposit was fully deducted from the Defendant’s total of KRW 5,000,000 for 20 months, which was unpaid from August 2012 to March 2014 (i.e., KRW 250,000). Thus, the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 250,00 for 13 months from April 1, 2014 to April 30, 2015, and the rent for 3,250,000 and the rent for 250,000 each month from May 1, 2015 to the delivery of the building.

2. On August 5, 2006, the Defendant purchased C or D land at the time of sowing on or around August 5, 2006, and the Plaintiff asserts that there were illegal buildings owned by the Plaintiff on the ground, and the Defendant could not obtain the qualification certificate for acquisition of farmland as to the land owned by the Plaintiff, and eventually, the Defendant could not exercise his right to transfer the ownership of the Defendant’s name, and thus, the Defendant could not exercise his right to exercise his right to claim the instant land, and thus, the Plaintiff is liable to compensate for the damages therefrom.

In full view of the descriptions of the evidence Nos. 1 to 4, the fact-finding inquiry inquiry of F-Myeon Office, and the purport of the entire pleadings, the defendant shall be deemed to have been the defendant.

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